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The London Agreement and the Cost of Patenting in Europe

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  • Mejer, Malwina
  • van Pottelsberghe, Bruno

Abstract

This paper analyses the consequences for the European Patent System (EPS) of the recently ratified London Agreement (LA), which aims to reduce the translation requirements for patent validation procedures in 15 out of 34 national patent offices. The simulations suggest that the cost of patenting has been reduced by 20 to 30 percent since the enforcement of the LA. With an average translation cost saving of €3,600 per patent, the total savings for the business sector amount to about €220 millions. The fee elasticity of patents being about -0.4, one may expect an increase in patent filings of eight to 12 percent. Despite the translation cost savings, the relative cost of a European patent validated in six (thirteen) counties is still at least five (seven) times higher than in the United States.

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Paper provided by C.E.P.R. Discussion Papers in its series CEPR Discussion Papers with number 7033.

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Date of creation: Nov 2008
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Handle: RePEc:cpr:ceprdp:7033

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Keywords: European patent system; fee elasticity; London Agreement; patent fees; translation costs;

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References

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  1. Francois, Didier & van Pottelsberghe, Bruno, 2006. "The Cost Factor in Patent Systems," CEPR Discussion Papers 5944, C.E.P.R. Discussion Papers.
  2. Nicolas van Zeebroeck, 2007. "Patents only live twice: a patent survival analysis in Europe," Working Papers CEB 07-028.RS, ULB -- Universite Libre de Bruxelles.
  3. Gaétan de Rassenfosse & Bruno Van Pottelsberghe, 2008. "On the Price Elasticity of Demand for Patents," Working Papers ECARES 2008_031, ULB -- Universite Libre de Bruxelles.
  4. Bruno Van Pottelsberghe & George Lazaridis, 2007. "The rigour of EPO's patentability criteria: an insight into the induced withdrawals," ULB Institutional Repository 2013/6189, ULB -- Universite Libre de Bruxelles.
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  11. de Rassenfosse, Gaétan & van Pottelsberghe, Bruno, 2007. "Per un Pugno di Dollari: A first Look at the Price Elasticity of Patents," CEPR Discussion Papers 6499, C.E.P.R. Discussion Papers.
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  13. Harhoff, Dietmar & Hoisl, Karin & Reichl, Bettina & van Pottelsberghe de la Potterie, Bruno, 2007. "Patent Validation at the Country Level - The Role of Fees and Translation costs," Discussion Papers in Business Administration 2073, University of Munich, Munich School of Management.
  14. Paul H. Jensen & Alfons Palangkaraya & Elizabeth Webster, 2008. "Application Pendency Times and Outcomes across Four Patent Offices," Melbourne Institute Working Paper Series wp2008n06, Melbourne Institute of Applied Economic and Social Research, The University of Melbourne.
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